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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
SUREPALLI NANDA
M. Vittal – Appellant
Versus
Telangana State Road Transport Corporation – Respondent
ORDER :
SUREPALLI NANDA, J.
Heard Sri C.Ramachandra Raju, learned Counsel appearing on behalf of petitioner and Sri P.Shamantak, learned counsel representing Sri R.Anurag, learned Standing Counsel for TSRTC appearing on behalf of respondents.
2. The petitioner approached the Court seeking prayer as under:
“…to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent vide his Proceedings No.P4/122(73)/2023-RR dated 15.04.2024 directing the petitioner to pay the licence fee with effect from 06.01.2024 is without any basis, highly unwarranted, arbitrary, illegal and unsustainable and violating of Articles 14 and 21 of the Constitution of India, and pass such other order…”
3. This Court vide its orders dated 03.05.2024 passed orders in favour of the petitioner observing as under:
“Heard Sri C. Ramachandra Raju, learned counsel for the petitioners and Sri M.Rammohan Reddy, learned Standing Counsel for TS RTC appearing on behalf of the respondents.
Notice before admission.
A bare perusal of the impugned proceedings No.P4/122(73)/2023-RR dated 15.04.2024 of the 2nd respondent indicates at the first para that petitioner
Demand for license fee before business commencement violates natural justice principles and must be based on factual correctness.
Cancellation of administrative allotment without notice violates principles of natural justice, necessitating fair procedures even in the absence of explicit statutory requirements.
The termination of a license agreement is valid if it is in accordance with the terms and conditions of the agreement, and the public interest outweighs the personal interest of the licensee.
Termination of a license without a show cause notice or consideration of refundable fees violates natural justice and judicial directives.
Administrative orders must provide clear reasoning and specify durations to comply with natural justice principles, ensuring transparency and fairness.
The court affirmed the statutory liability to collect market fees, rejecting injunctions against enforcement as inconsistent with prior Supreme Court rulings.
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